Estate of Nelson

Contestant in a will contest after probate appeals from summary judgment denying revocation of probate of will and dismissing the contest.

Question Presented.

Were there triable issues of fact? This in turn requires determination of whether the mere fact that decedent had been committed to a state mental hospital and a guardian of his estate appointed, raised an issue of fact as to his capacity thereafter to make the will.

Record.

After decedent Carl N. Nelson’s death 1 a holographic will dated December 30, 1958, was admitted to probate. This will left decedent’s entire estate to his wife,…